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House Bill Would Eliminate Learned Intermediary Doctrine In Pharmaceutical...

Congressman Bob Filner (D-CA) has introduced the Consumer Protection Act of 2011, H.R. 542, which would “...eliminate the learned intermediary defense to tort claims based on product liability, and for...

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Supreme Court Immunizes Generic Drug Manufacturers From State Failure-To-Warn...

On June 23, 2011, the Supreme Court handed a stunning victory for generic drug manufacturers, effectively immunizing them from state law failure-to-warn claims.  In Pliva  v. Mensing, the Court held...

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Pliva v. Mensing Revisited

Looking back at the transcript of the oral arguments for Pliva v. Mensing and my previous post (here), even if the Court was willing to accept that the preamble to the Hatch-Waxman amendments provided...

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The Progeny of Pliva v. Mensing: Generic Immunity Does Not Equal Brand-Name...

In the wake of the Supreme Court’s Pliva v. Mensing decision (previously discussed here and here), the Sixth Circuit Court of Appeals in Smith v. Wyeth followed suit, holding that state law...

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Causation vs. the Discovery Rule: Recent Opinion Offers Valuable Guidance

While lawyers are often accused of talking out of both sides of their mouth, the opinion discussed below demonstrates a clear example where basic logic should have won out.  Cate v. Stryker Corp., 2012...

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Metz v. Wyeth: Implied Warranty Claim Against Generic Drug Manufacturer...

Our previous posts (here and here and here) discussed the Supreme Court’s decision in Pliva v. Mensing which largely immunized generic drug manufacturers from state law failure-to-warn claims.  In...

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First Circuit: No Generic Drug Preemption For Design Defect Claim;...

A number of our previous blog posts (here, here, and here) discussed the Supreme Court’s decision in Pliva v. Mensing, which held that state failure-to-warn claims against generic drug manufacturers...

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Update: On The First Circuit's Opinion In Bartlett v. Mutual Pharmaceutical

We previously wrote about the First Circuit's decision in Bartlett v. Mutual Phamaceutical Co., Inc. which refused preemption for a design defect product liability claim against a generic drug...

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District Court of Colorado: Expert Opinions Based On "Differential Diagnosis"...

Pritchett v. I-Flow Corporation, Inc. is a recent pain pump case in front of the United States District Court of Colorado.  The plaintiff had shoulder surgery in 2005.  The surgeon used a pain pump...

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Sixth Circuit: Defendant Manufacturer Cannot Warn of Unknowable Risk

The title of this post might seem like an obvious statement but it is something worth reviewing from time to time...forest-for-the-trees and all. Rodriguez v. Stryker Corp. was a recent pain pump...

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District Court Rejects "Failure-To-Withdrawal" For Generic Drug Manufacturers

We discussed the First Circuit’s opinion in Bartlett v. Mutual Pharmaceutical in two previous posts (here and here). In a nutshell, in Bartlett, the First Circuit refused to find preemption under the...

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No Innovator Liability For Brand Name Drug Manufacturers

We have discussed in previous posts the Supreme Court’s decision in Pliva v. Mensing which had the effect of making generic drug manufacturer “immune” from state failure-to-warn claims.  In summary,...

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Supreme Court to Review Generic Drug Defective Design Decision in Bartlett

The Supreme Court has agreed to take up the First Circuit's decision in Bartlett v. Mutual Pharmaceutical, Inc. which we have previously written about here and here and here.   Despite the Supreme...

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House and Senate Introduce Bill Concerning Labeling For Generic Drug...

Democrats in the House and Senate introduced bills that would permit generic drug manufacturers the ability to revise the warning labels for generic drugs--in effect making the regulations applicable...

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